Bharatiya Nyaya Sanhita, 2023
Section 241
Destruction of document or electronic record to prevent its production as evidence
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
Why this exists
Documents and electronic records (emails, messages, files) are often central to proving facts in court. This provision, earlier Section 204 of the Indian Penal Code, 1860, and updated to explicitly include electronic records, criminalizes destroying or hiding such material specifically to keep it out of a legal proceeding, protecting the fact-finding process from sabotage.
Common misconceptions
- Myth: Only paper documents count; deleting emails or files is not covered.
Fact: The provision explicitly covers electronic records as well as physical documents.